>> reporter: new this morning it's the second shooting in days on a popular east bay walking trail. i'm christie smith. we'll have details coming up in a live report. >> a murder victim's family suing former governor schwarzenegger. we'll tell you why they say sorry just doesn't cut it. >> the way was very powerful. >> no life jacket, no paddle. how a bay area man survived in choppy water more than 16 hours and the hope his friends will soon be found. you're looking at a live picture of san jose. it's monday, july 11th, this is

"today in the bay." >> good morning everyone. i'm scott mcgrew. let's get a forecast with meteorologist christina loren. >> good morning to you, scott mcgrew. we have nice weather to look forward to this week, all week long. our temps are going to be below their seasonal averages, 70s today, 70s tomorrow and downright cold as we head through the midsection of this week when you consider we should be in upper 80s this time of year. we're only going to max out at 69 degrees as we head through the midpoint of the week. we'll break down why and how long this will last when our summertime resumes. that's all on the way. mike inouye is back to get you on your way to work. >> good morning. thank you for your coverage there in traffic last week. looks like we have a smooth drive so far.

thanks, guys. we're looking at one issue, aside from construction we do have a wind advisory for the bay bridge that was called up by chp. we'll watch to see if they give updates. sometimes they lift that before 6:00. >> all right, mike. welcome back. 4:32. new this morning, less than a week after a man was found shot in the head on the deanza trail in pittsburg police are investigating a second shooting there. christie smith is live in pittsburg with this. this is a strange one. >> reporter: yeah, it is. good morning to you. details are still coming in but i did speak with someone from east bay regional park police, they say that there was a shooting around 11:55 last night. they found a man down on this trail, the delta deanza trail in pittsburg. this follows a shooting days ago of another man in the same area, the "mercury news" now reporting that person a 20-year-old male

from the pittsburg area, has died from a gunshot wound to the head. in that case it was believed not random, occurred at 11:30 p.m. on wednesday. no word yet on this victim's condition or a possible connection to that shooting. we're told he was taken to john muir medical center for treatment and there were no arrests in this latest shooting. there are reports that neighbors heard gun fire and they were the ones that phoned it in which led police to come here and found a man down on the trail. i also have calls this morning into the pittsburg police department. as soon as i hear from them i'll bring that information to you. reporting live in pittsburg, christie smith, "today in the bay." >> arson investigators are on the scene at a daily city elementary school. fire crews responding to a one alarm fire last night. reports show the fire started outside of the back of the school, spread to a nearby reading lab.

investigators have not yet ruled it an arson. they are trying to find the source to figure out what happened. >> also this morning hope is fading for seven bay area fishermen lost in the sea of cortez. divers from the u.s. navy could start searching the sunken fishing boat this morning to see if those men are inside. the surviving fishermen tossed overboard more than a week ago are in the bay area including charles gibson to clung to a cooler. >> this huge wave slammed me into a bigger boulder and my knees buckled because the wave was very powerful. i thought to myself, i'm going to die here. >> the families of the missing fishermen not giving up hope. they launched a website called find our fathers.com to encourage crews to continue to search the area. >> a controversial last minute decision by former governor schwarzenegger will have its first day in court this morning. the parents of the murder victim

are suing schwarzenegger because he didn't warn them before he reduced the sentence of one of the men involved in their son's killing. esteban nunez pleaded guilty to being involved in the killing of a 22-year-old man in san diego. he was initially sentenced to 16 years in prison but then governor schwarzenegger reduced it to seven years. the victim's parents say schwarzenegger reduced nunez' sentence because he's the son after political ally, former assembly speaker fabian nunez. >> a group of activists says it plans to shut down san francisco b.a.r.t. station this morning to protest the death of a man shot and killed by two b.a.r.t. officers. the group no justice no b.a.r.t. says it plans to take over the civic center b.a.r.t. station at 4:30 sharp so five minutes ago. the protesters are rallying for change after the death of

charles blair hill who was shot by b.a.r.t. officers after he threw a bottle at them, came at them with a knife. protesters say they want an independent investigation into the killing. they want b.a.r.t. police department to be shut down permanently. we'll check with mike as the situation continues to develop and see what's going on as far as traffic and b.a.r.t. and delays. students at the university of california and california state face the possibility of more tuition increases. on thursday the uc board of regents is scheduled to vote on a 10% increase in tuition for the semester that starts next month. that's on top of an 8% increase that was approved last november. the uc and csu systems were each whit a $650 million cut in the state budget, both schools are asking students to make up the difference. >> it's really painful. we're already paying a lot of money, and this extra tuition increase is really going to affect my family.

i already don't get a lot of financial aid from the college, so this is just even more of that is going to kr have to come out of my pocket. >> at csu administrators will vote on a 12% hike for undergraduates tomorrow. that comes on top of a 10% increase approved last fall. this morning federal lawmakers still playing a game of deal or no deal to raise the debt ceiling. the president says he'll meet with members of congress every day until they can come up with a deal on which democrats and republicans can agree and the clock is ticking. august 2nd is the deadline to give the government the authority to borrow more money. if congress misses that deadline the country could go into default which will put uncle sam's credit rating at risk. >> if that happens you'll see catastrophic damage across the economy. and when you do something very big very substantial to bring our long term deficit down over time. >> president obama and house speaker john boehner initially

agreed on a target of $4 trillion in cuts but over the weekend the speaker backed off saying the plan was too far reaching, ambitious to pass. let's check in with christina loren on this monday morning. good morning. >> well, good morning to you. you know, mondays can be tough, and when the weather is hot it doesn't make things easier in the afternoon as you make your way home. this monday, though, we're getting such a treat. we have cooler weather on the way. right now the fog that we are expecting to really start to sock in our bridges hasn't started developing yet so we're still looking good. we are expecting a pretty significant round as we head throughout afternoon. foggy conditions particularly at the coast that will make for a gray start. could see some of the fog so dense that it generates that mist so watch out for that. we're looking dry. visibilities clear across the board. as we head through probably the next hour i do think we're going to lose a lot of this visibility, santa rosa, san francisco, down the peninsula as onshore flow has kicked in.

our temperatures are in the 50s, we're headed toward the 70s and that's it. we continue to cool down for the next couple of days. your full forecast coming up in minutes. i'm sure the drive is nice. >> you know it's light because you covered it last week. thank you for doing that. we're looking at 580 whereby there is slowing, this is a typical spot. those are on and off ramps through livermore. that's what we're talking about. that's why it's a 15-minute drive. we saw slowing through the area, probably the equipment moving around. northbound 880 on 92 still equipment there and the closure until 5:30, usually clearing in a half hour. to the bridge, moving north on 880, a live look. fast coliseum, it's a smooth drive. we have construction in a couple of lanes into downtown but the freeway moving smoothly. i know you did that earlier story about the closures, that's

4:30 p.m., not a.m. >> you see 4:30 and when you get up this early you assume they are talking about the morning. there is a 4:30 p.m.? i don't know about it. this morning the so called preppy cyclist bandit will be in court to face charges of stealing a picasso from a san francisco art gallery. mark lugo. the description witnesses gave was a man wearing loafers and slacks but no socks. he made his get away in a cab. police found lugo with the drawing at a condo in napa. right now he's in jail on $5 million bail. >> coming up, from the catch to the pitch. joe montana hawking more than shape-ups but is the city of santa clara buying what he's selling. getting your world cup kicks for free. the women's world cup. a live picture of our control room.

>> welcome back to you as we look at the arena this morning, the time is 4:43. legendary quarterback joe montana will play the role of pitch man tomorrow. number 16 woonts to build an entertainment complex next to the proposed site of the 49ers football stadium. he's expected to present his

proposal of a luxury hotel, sports bar and restaurant to the santa clara city council on tuesday. his star power is not -- others should have had the chance to bid on the city-owned land. >> hatch back are making a comeback. will you have spare change when you fuel up? for more on that and others before the bell it's nicole lapin. good morning. happy monday. >> hey, happy monday to you scott. f futures are lower. europe's debt crisis to italy and the budget talks creeping along at a snail's pace as the government tries to avoid a debt default. there is carry over from the jobs report on friday which saw only 18,000 jobs added last month and the unemployment rate upticking to 9.2%. asian markets fell.

no big economic data today but reports on retail and inflation this week. earning season starts tonight when aluminum giant alcoa reports results. the dow fell friday, 12,657 is where we closed. the nasdaq lost to 2859. the two-month slide in gas prices stalled out. a report shows that prices fell over a penny in the past two weeks to $3.62. gas is down about 38 cents from the beginning of may but analysts don't expect another big drop soon. hatch backs are making a comeback. you are right, scott. once they were held in low esteem, now driven by a push for room. a drop of 21% in total car sales. ford says 43% opt for the hatch back version of its focus com

back car. unday expects the new accent to be hatch backs as well. >> nicole, thank you. 4:45. people all over the bay area getting their kicks that team usa has a spot in the women's world cup. after a red card and on goal and controversial referee calls team usa beat brazil in penalty kicks to advance to the semifinal match against france. that's wednesday. bay area soccer fans say the thrilling win brings women's soccer to a new level. >> people are now realizing that soccer is exciting and it's a big deal. it's fun to watch and even just walking around you hear people talking about the game. people who don't watch soccer. it's great to see. >> i was complaining that women's soccer isn't as exciting as men's and i was proven wrong. >> team usa takes on france wednesday. you'll be able to watch that at

9:00 a.m. in san francisco on a giant outdoor screen. >> has tiger lost his roar? the world's former number one golfer will make an announcement. he will sit down with the golf channel. golf experts say he will probably talk about hanging up the cleats for the season for an injury. woods has not played golf since early may and he recently announced he would not attend the british open. despite not winning since 2009 he is still the highest paid american athlete. >> let's check win the highest paid meteorologist on nbc bay area staff. good morning. >> if that were true, scott mcgrew. the things i would buy you for that statement. we're looking good, on shore flow is kicking in as a result this trough of low pressure which is kind of staying stationary, it's going to bring nice weather all week long. you can probably give your ac a break inland across the bay.

it's good news if you've been suffering by a high pg&e bill. i think this cloud bank, the marine layer is about 2,500 feet, i believe it's going to hang around for at least the first half of the day. you'll struggle in the city to reach about 65 degrees. right now we're not noticing that fog. typically starts to build when the sun comes up. over the next hour and a half or so we'll keep watching this. right now clear, clear as a bell all across the board. 57 degrees in livermore, 59 in san jose and 53 degrees in san mateo. monday's can be tough. the weather is going to make things easy for you when you get in your car even in fairfield, livermore and concord. it's not going to be too hot. you won't be complaining, you won't be cursing. 75 in fremont. our temperatures this time of year are in the 80s so we get a nice break. down to 70 degrees, that's it

for wednesday. then when we start to climb at the end of the week it's not going to be that warm. no triple digits, no 90s. really comfortable stretch. boy, do we pay for it here. we get the best weather this time of year. >> the weather we are famous for. it seems like the only song on the radio these days -- ♪ we could have had it all now you'll have the opportunity to watch adele perform that live t the british pop singer had to cancel because she was sick including some here in the bay area. she's feeling better so adele will be at the greek theater on august 14 and the theater says all of the tickets from the canceled june 4th performances at the warfield and the greek theater will be honored. showtime is 7:00 p.m. coming up, made in china. the 5300-ton delivery for the bay bridge. plus --

>> ♪ she's back >> a new wine hitting high notes. >> traffic has that wine going on for traffic, sometimes right now the green means you're going close to the limit. this is through the caldecott. we'll give you a warning as you approach the bay bridge.

>> welcome back to you as we look at san jose and the shark tank. 4:52. if you are heading to the shores of lake tahoe, there might not be a shore to stand on because the unusually snowy winter has caused the lake to rise, shrinking the beaches. the tahoe daily tribune says the recent measurement has lake tahoe five feet above its natural rim. the level is still rising and may not peak until the end of the month. more than 61 feet of snow fell in the sierra this season, that is second most on record. >> caltrans's officials want you to watch for construction workers as you drive in to work. the agency is starting a campaign along with the california highway patrol to remind drivers to move over, it's the law. officials say drivers should slow down and move over a lane if possible whenever they see flashing lights. the campaign comes in response

to a string of caltrans worker deaths due to drivers not taking precautions. >> the final pieces of the eastern span of the bay bridge will soon make their way to the bay area. crews are loading those pieces of steel girder and tower onto a transport ship today in china. it's going to make a 22-day voyage from shanghai to oakland. by outsourcing materials from china the project saved $400 million in labor and material cost. the california department of transportation also chose chinese maker because it has the huge crane needed to lift the pieces onto the span. the new eastern span is scheduled to be open in 2013. >> let's check in now with laura and see what we're working on for later. >> good morning. we're following up on the developing stories overnight. we'll have an update on another shooting along the deanza trail in pittsburg with. we're also following the search

for a half dozen fishermen still missing off the coast of baja mexico. the stories and more coming up in a bu minutes. >> thank you much. it's july 11, and that makes it 7-11-11. the people at 7-11 are celebrating, free slurpees. stores will give away seven-ounce slurpees between 7 and 11. it's only while supplies last. there you go. all the slurpees you can drink. >> watch the brain freeze i guess. be careful out there. we'll look to the south bay where we have unusually slow driving now. sensors showing up 39 coming north. a lot of times about this time we see construction equipment and crews moving through the area so that might be one of the reasons. so far no incidents reported for the south bay, all the way up flew the peninsula to san mateo, 101 as we drive past a couple of

spots, 92 and 280, also the blips showing up the last few minutes. no major incidents into the city, though, your typical slowdowns around 280 interchange and 101 and interstate 80 toward van ness. wind advisory and a live look will show you the camera, it's not shaking a lot from the san francisco side. darker than we might imagine but the view is okay. it's the lighting because as christina shows, there is no major fog through the area. we'll check on the camera. >> thank you. a bay area band is giving you a taste of jupiter for under 10 bucks. ♪ that she's back in the atmosphere ♪ >> san francisco pop rock band train is launching its own wine after their hit song. that will be my second favorite wine with train in the word.

the band says the mint youen cork the bot tl boysen berry leaps from the glass. it will benefit a san francisco nonprofit that helps families with kids treated at children's hospital f. you preorder now the wine will show up at your doorstep july 18. >> coming up a gun fight steps away from a child. why it happened and who police are looking for. no police layoffs and more moneo what's the catch? we'll look at the san francisco budget krun were.

>> reporter: breaking news out of pittsburg. it's the second shooting in a matter of days on a popular east bay trail. we'll have the story coming up in a live report. >> fire crews mopping up after an elementary school fire. investigators are lo